People v. Super. Ct. (Valenzuela)

Filed 12/30/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079089

Petitioner,

v. (San Diego County Super. Ct. No. SCD281685)

THE SUPERIOR COURT OF SAN

DIEGO COUNTY,

Respondent;

DANIEL G. VALENZUELA,

Real Party in Interest.

ORIGINAL PROCEEDINGS in mandate. Laura H. Parsky and Francis M. Devaney, Judges. Petition granted. Summer Stephan, District Attorney, Mark A. Amador, Deputy District Attorneys for Petitioner. Katherine Braner, Chief Deputy Public Defender, Abram Genser and Jeremy Kennedy Thornton, Deputy Public Defenders, for Real Party in Interest. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Christine Y. Friedman, Deputy Attorneys General, as Amicus Curiae on behalf of Petitioner, upon request of the Court of Appeal. Before 2018, a person who aided and abetted only an intended assault could be found guilty of second degree murder if a resulting death was a natural and probable consequence of the assault. The aider and abettor did not…